What is the Uniformed Services Employment and Reemployment Rights Act?
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that ensures all individuals who serve or have served in the United States Armed Forces, Reserves, National Guard, and other uniformed services can obtain the job they left when they are discharged or complete their service. USERRA protects service members from discrimination when they are looking for a job, while on the job, and when they return to work after their service. In Indiana, USERRA protects individuals from discrimination due to past, present, or future service in the uniformed services. It also prohibits employers from retaliating against employees who file a claim or assert their rights related to their service. USERRA also requires reemployment of returning service members in the job they would have held had they not been absent due to their service. In addition, USERRA requires employers to restore the benefits that would have accrued to any employee, including seniority, rates of pay, and other employment rights and benefits. USERRA also protects service members from job loss or demotion due to their service. USERRA violations should be reported to the Indiana Department of Workforce Development, the Attorney General’s Office, or the U.S. Department of Labor’s Veterans’ Employment and Training Service (VETS). Employers in violation of USERRA may be subject to penalties and fines.
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